| Case ID |
3b096609-1547-488f-800c-09d8173ae0ae |
| Body |
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| Case Number |
D-3238 of 2013 |
| Decision Date |
Mar 08, 2018 |
| Hearing Date |
Mar 06, 2018 |
| Decision |
The Sindh High Court dismissed the constitutional petition filed by Ghulam Ali Gopang seeking appointment as an Assistant Sub-Inspector in the Sindh Police on the basis of the Shaheed quota. The Court held that the Inspector General of Police's standing orders regarding recruitment lacked legal sanctity due to the absence of approval from the Provincial Government. The Court emphasized that appointments must follow the competitive process outlined by the Sindh Public Service Commission and that the petitioner failed to meet the eligibility criteria under the relevant laws. The decision highlighted the importance of adhering to legal frameworks in recruitment processes within the police department. |
| Summary |
The case revolves around the dismissal of Ghulam Ali Gopang's petition for appointment as an Assistant Sub-Inspector in the Sindh Police under the Shaheed quota after the death of his brother, who was a police officer. The Sindh High Court ruled that the petitioner's claims were not supported by the necessary legal framework, particularly emphasizing that appointments must be conducted through the Sindh Public Service Commission. The judgment underscored the requirement for standing orders from the Inspector General to be approved by the Provincial Government, stressing that without such approval, any recruitment claims are void. This case serves as a critical reference point for understanding the legal processes surrounding police recruitment in Pakistan, particularly in relation to the Shaheed quota and the applicable civil servant rules. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
Irfan Saadat Khan,
Adnan-ul-Karim Memon
|
| Lawyers |
Faizan Hussain Memon
|
| Petitioners |
Ghulam Ali Gopang
|
| Respondents |
Province of Sindh through Chief Secretary and Others
|
| Citations |
2019 SLD 3128,
2019 PLC 1354
|
| Other Citations |
Gul Hassan Jatoi and others v. Faqeer Muhammad Jatoi and others 2016 SCMR 1254,
Mohammad Nadeem Arif and others v. IGP Punjab, Lahore and others 2011 SCMR 408,
Inspector General of Police, Punjab, Lahore and another v. Mushtaque Ahmed Waraaich and others PLD 1985 SC 159
|
| Laws Involved |
Police Act, 1861,
Constitution of Pakistan, 1973,
Sindh Shaheed Recognition and Compensation Act, 2014,
Sindh Civil Servants (Appointment, Promotion and Transfer) Rules, 1974
|
| Sections |
12,
4,
25,
2(f),
R.11A
|